Lebowitz v. John C. Heath Attorney at Law, PLLC

IT IS
HEREBY STIPULATED by and between Plaintiff James Lebowitz
("Plaintiff) and Defendant John C. Heath Attorney at
Law, PLLC dba Lexington Law Firm ("Defendant")
(collectively, the "Parties"), through their
respective attorneys of record, as follows:

WHEREAS,
documents and information have been and may be sought,
produced or exhibited by and among the Parties to this action
relating to trade secrets, confidential research,
development, technology or other proprietary information
belonging to Defendant and/or personal income, credit and
other confidential information of Plaintiff.

WHEREAS,
good cause therefore exists to protect the above-mentioned
trade secret and proprietary information or confidential
personal information from public disclosure.

THEREFORE,
an Order of this Court protecting such confidential
information ("Protective Order" or
"Order") shall be and hereby is made by this Court
on the following terms:

1. This
Order shall govern the use, handling and disclosure of all
documents, testimony or information produced or given in this
action which are designated to be subject to this Order in
accordance with the terms hereof.

2. Any
party or non-party producing or filing documents or other
materials in this action ("Producing Party") may
designate such materials and the information contained
therein subject to this Order by typing or stamping on the
front of the document, or on the portion(s) of the document
for which confidential treatment is designated,
"Confidential."

3. If a
Producing Party believes in good faith that, despite the
provisions of this Protective Order, there is a substantial
risk of identifiable harm if particular documents it
designates as "Confidential" are disclosed to all
other parties or non-parties to this action, the Producing
Party may designate those particular documents as
"Confidential-Attorneys' Eyes Only."

4. To
the extent any motions, briefs, pleadings, deposition
transcripts, or other papers to be filed with the Court
incorporate documents or information subject to this Order,
the party filing such papers shall designate such materials,
or portions thereof, as "Confidential" or
"Confidential-Attorneys' Eyes Only, " and shall
file them with the clerk under seal; provided, however, that
a copy of such filing having the confidential information
deleted therefrom may be made part of the public record. Any
party filing any document under seal must comply with the
requirements of the applicable local rules.

5. Any
Producing Party who inadvertently fails to identify documents
as "Confidential" or "Confidential -
Attorneys' Eyes Only" shall, promptly upon discovery
of its oversight, provide written notice of the error and
substitute appropriately-designated information. Any party
receiving such improperly-designated information shall
retrieve such information from the persons not entitled to
receive that information and, upon receipt of the substitute
information, shall return or destroy the
improperly-designated information.

6. All
depositions or portions of depositions taken in this action
that contain confidential information may be designated
"Confidential" or "Confidential -
Attorneys' Eyes Only" and thereby obtain the
protections accorded other "Confidential" or
"Confidential -Attorneys' Eyes Only" documents.
Confidentiality designations for depositions shall be made
either on the record or by written notice to the other party
within 14 days of receipt of the transcript. Unless otherwise
agreed, depositions shall be treated as "Confidential -
Attorneys' Eyes Only" during the 14-day period
following receipt of the transcript. The deposition of any
witness (or any portion of such deposition) that encompasses
Confidential information shall be taken only in the presence
of persons who are qualified to have access to such
information.

7. All
documents, transcripts, or other materials subject to this
Order, and all information derived therefrom (including, but
not limited to, all testimony, deposition, or otherwise, that
refers, reflects or otherwise discusses any information
designated confidential hereunder), shall not be used,
directly or indirectly, by any person, for any business,
commercial or competitive purposes or for any purpose
whatsoever other than solely for the preparation and trial of
this action in accordance with the provisions of this Order.

8.
Except with the prior written consent of the individual or
entity designating a document or portions of a document as
"Confidential, " or pursuant to a Court Order, any
document, transcript or pleading given confidential treatment
under this Order, and any information contained in, or
derived from, any such materials (including but not limited
to, all deposition testimony that refers, reflects or
otherwise discusses any information designated confidential
hereunder), may not be disclosed other than in accordance
with this Order and may not be disclosed to any person other
than: (a) the parties and their attorneys; (b) qualified
persons taking testimony involving such material and
necessary stenographic and clerical personnel; (c) disclosed
experts and their staff employed for this litigation; (d)
present or former employees of the producing party in
connection with their depositions in this action (provided
that no former employees shall be shown documents prepared
after the date of his or her departure); and (e) the Court,
Court personnel, and members of any jury impaneled to hear
this case.

9. In
the absence of prior written permission from the designating
party or an order by the Court, "Confidential -
Attorneys' Eyes Only" shall not be disclosed to any
person other than counsel of record in this case and the
in-house counsel of a party.

10.
Documents produced pursuant to this Order shall not be made
available to any person designated in Subparagraph 8(c)
unless he or she shall have first read this Order, agreed to
be bound by its terms, and signed the attached
...

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